Linked by Thom Holwerda on Thu 23rd Mar 2006 13:47 UTC, submitted by Qwerty
GNU, GPL, Open Source A US federal judge has ruled against antitrust claims that the General Public Licence promotes unfair competition, and in doing so has promoted its cause. On Monday, US Federal Judge John Daniel Tinder, dismissed the Sherman Act antitrust claims brought against the Free Software Foundation. The claims made by Plaintiff Daniel Wallace included: that the General Public License constituted a contract, combination or conspiracy; that it created an unreasonable restraint of trade; and that the FSF conspired with IBM, Red Hat, Novell and other individuals to pool and cross-license their copyrighted intellectual property in a predatory price fixing scheme.
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RE: Waste of a Lawsuit
by sigzero on Thu 23rd Mar 2006 14:53 UTC in reply to "Waste of a Lawsuit"
sigzero
Member since:
2006-01-03

"If you don't like it, no one forces you to use it."

That just isn't true if by "it" you mean the license. If you use GPL'd stuff you HAVE to use the GPL whether you agree with it or not. Not that I agree with the guy bring the lawsuit either.

Reply Parent Score: 0

RE[2]: Waste of a Lawsuit
by dylansmrjones on Thu 23rd Mar 2006 15:00 in reply to "RE: Waste of a Lawsuit"
dylansmrjones Member since:
2005-10-02

Nobody forces you to use GPL'ed software, nor to modify or distribute it.

[EDITED: Fixed a typo]

Edited 2006-03-23 15:00

Reply Parent Score: 5

RE[3]: Waste of a Lawsuit
by sigzero on Thu 23rd Mar 2006 15:24 in reply to "RE[2]: Waste of a Lawsuit"
sigzero Member since:
2006-01-03

No they don't...if you use Windows. If you use Linux, you pretty much have to use GPL'd stuff. That isn't the issue and nobody is arguing if you "use" it.

Reply Parent Score: 0

RE[2]: Waste of a Lawsuit
by Marlor on Thu 23rd Mar 2006 15:23 in reply to "RE: Waste of a Lawsuit"
Marlor Member since:
2005-07-09

The GPL does not restrict your right to use software at all, unlike most EULAs. The majority of EULAs restrict what you can do with the copyrighted material you are using. The GPL actually grants you additional rights - it allows you to redistribute and modify the software (things you would normally not be able to do) provided you follow a few simple rules.

So, if you don't like the GPL, then you are free to just not exercise the additional rights it provides, and pretend that the software was distributed with standard copyright.

Reply Parent Score: 5

RE[2]: Waste of a Lawsuit
by abraxas on Thu 23rd Mar 2006 16:40 in reply to "RE: Waste of a Lawsuit"
abraxas Member since:
2005-07-07

That just isn't true if by "it" you mean the license. If you use GPL'd stuff you HAVE to use the GPL whether you agree with it or not. Not that I agree with the guy bring the lawsuit either.

There is a simple way around that. Don't base your code on GPL software. Most other licenses don't even grant you the right to look at the code, nevermind modify it. You can always reimplement code, or use BSD licensed software. Let us not forget that the GPL grants you additional rights compared to standard software licenses. You can't really complain that they don't allow you to rip their software off and then sell it as proprietary software.

Reply Parent Score: 3

RE[2]: Waste of a Lawsuit
by Mediocre Sarcasm Man on Thu 23rd Mar 2006 23:04 in reply to "RE: Waste of a Lawsuit"
Mediocre Sarcasm Man Member since:
2005-07-06

If you use GPL'd stuff you HAVE to use the GPL whether you agree with it or not.

Yes, if you want to use licensed software, you have to agree to the license. Why do people keep saying this like it means something?

Reply Parent Score: 1

Because we all know ...
by gregk on Fri 24th Mar 2006 03:07 in reply to "RE[2]: Waste of a Lawsuit"
gregk Member since:
2006-03-13

that if you use Microsoft software, you don't have to abide by the license.

Reply Parent Score: 1

RE[3]: Waste of a Lawsuit
by archiesteel on Fri 24th Mar 2006 03:50 in reply to "RE[2]: Waste of a Lawsuit"
archiesteel Member since:
2005-07-02

Yes, if you want to use licensed software, you have to agree to the license.

Actually, you don't. The GPL covers redistribution, not use. It provides additional rights you normally wouldn't have under copyright law.

It is not clear if a "license to use" (i.e. a EULA, which is not really a license at all), which seeks to restricts rights you normally have, is in fact legal or not. In most countries, and most states in the U.S., it probably isn't.

Reply Parent Score: 1